Voluntary Participation. Student is voluntarily participating in the ACES Program hosted by MISO and its associated community partners September 24-27, 2025, consisting of educational events, activities, and competitions in which students from HBCUs participate. Student acknowledges that their participation in the Program is entirely voluntary and that they are solely responsible for their own actions and decisions during their involvement.
Acknowledgment and Assumption of Risk. Student acknowledges, understands and agrees that participation in the ACES Program involves inherent risks, including but not limited to travel-related risks, health-related risks, potential injuries or accidents, and exposure to different environments. Student agrees that they are responsible for consulting their physician prior to participation, especially if they are pregnant or have any health concerns that may impact their ability to safely engage in the ACES Program.
Release of Liability. Student hereby releases, waives, and discharges MISO and their respective officers, directors, employees, agents, affiliates, and any other person or entity associated with the Program, from any and all liability, claims, demands, or causes of action whatsoever, arising out of or related to any loss, damage, injury, or death that may be sustained by the Student or any third party in connection with the ACES Program.
Photo Release. Student grants MISO, its affiliates, and partners the irrevocable right and permission to take, use, publish, and distribute photographs, video recordings, or other media of me taken during my participation in ACES, including but not limited to promotional, educational, and informational materials in print, digital, or broadcast formats. Student acknowledges that these materials may be used in publications, websites, social media, or other public platforms without further notice, approval, or compensation to me. Student releases and discharges MISO and its representatives from any and all claims, liabilities, or damages arising from the use of such media.
General Indemnification. Each Party shall be liable for its own acts to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the other Party, its subsidiaries and affiliated companies, employees, officers, directors, principals (owners, partners, shareholders or holders of an ownership interest, as the case may be) agents, representatives, consultants, and subcontractors against any and all liability, loss, costs, damages, expenses, claims or actions, arising out of or by reason of any actual or alleged (i) breach by Consultant of any warranty or covenant set forth in this Agreement; (ii) death or bodily injury to any person; (iii) sexual harassment claims; (iv) damage to any property; or (v) any other damage or loss, by whomever suffered as a result of actions of the Party, its employees, agents, representatives or subcontractors, or arising out of or by reason of any act or omission of the Party, its employees, agents, representatives or subcontractors, in the execution, performance, or failure to adequately perform its obligations under this Agreement. For purposes of this Section, to “indemnify” means to defend and pay all expenses (including reasonable attorneys’ fees) and satisfy all judgments (including costs and reasonable attorneys’ fees) that may be incurred or rendered against such Party.
Alcohol and Drug Policy. Student agrees to abide by all applicable laws and MISO's policies regarding the use of alcohol and drugs. Student acknowledges if they consume alcohol or drugs during the ACES Program or at any affiliated locations, they do so at their own risk and are solely responsible for their actions and any consequences thereof. If Student engages in behavior deemed inappropriate or dangerous, MISO reserves the right to remove them from the ACES Program and terminate their participation.
Code of Conduct and Compliance. Student agrees to conduct themselves in a manner consistent with the expectations of professionalism, respect, and safety as outlined by MISO's code of conduct policies. Harassment, bullying, and any form of physical, mental, or sexual misconduct are strictly prohibited. Any violation may result in immediate removal from the ACES Program.
Prizes and Compensation. Student acknowledges that any prize money awarded during the ACES Program is not to be considered compensation for services rendered and is not subject to tax withholding. Participants are not considered employees or independent contractors of MISO. Prizes will be distributed either directly to the Student or through their respective universities, depending on the source of funds. MISO will not be responsible for any impact on financial aid or scholarship eligibility due to the receipt of prize money.
No Agency or Employment Relationship. Student acknowledges that their participation in the ACES Program does not create any agency, partnership, joint venture, employer-employee, or other relationship between them and MISO. The Participant is not authorized to act on behalf of MISO in any capacity.
Termination of Participation. MISO reserves the right to remove Student from the ACES Program at any time if they fail to adhere to its guidelines, including but not limited to attendance requirements, code of conduct violations, or engagement in illegal or dangerous activities. In such cases, Student will be solely responsible for any expenses incurred for their return travel and any damages arising from their actions.
Governing Law. This Agreement will be governed by the laws of the State of Arkansas and the United States of America, without regard to conflicts of laws principles. Each Party hereby submits itself for the sole purpose of this Agreement and any controversy arising hereunder to the exclusive jurisdiction of the federal or state courts located in the State of Arkansas serving Pulaski County, and any courts of appeal therefrom, and waives any objection (on the grounds of lack of jurisdiction, or forum not convenient or otherwise) to the exercise of such jurisdiction over it by any such courts.
Severability. If any provision of this Agreement is found to be unenforceable or invalid, such provision shall be severed from this Agreement, and the remainder of this Agreement shall remain in full force and effect.
Entire Agreement. This Agreement and all attachments executed hereafter, constitutes the entire agreement between the Parties regarding the subject matter hereof and (i) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgement or similar communication between the Parties before or during the term of this Agreement. No modifications to this Agreement will be binding unless in writing and signed by a duly authorized representative of each Party.
